ORDER BY HON’BLE PRESIDENT- MR. P.K. PADHI:

                                                                                                  JUDGMENT

            Section 17 order under under Arbitration & Conciliation Act, 1996 has already been passed on 29.7.2022 i.e. much prior to filing of consumer complaint on 26.10.2022. As such this Commission lacks jurisdiction to entertain the consumer complaint. Hence the consumer complaint is dismissed.

            It is to be noted that complainant claims to have not received the notice from the opposite parties/ Arbitrator for which we had directed on 01.3.2023 to file the postal receipts, AD track report in respect of Arbitration notice, arbitration award etc. and adjourn the matter for 12.4.2023 and 27.4.2023. Complainant filed the postal receipts/number containing various numbers of postal notices and the name of complainant stands at Sl. No.1410 and the counsel for opposite parties submitted that as per Section 27 of General Clauses Act, Regd. Letter is deem to have been delivered unless there is any adverse evidence to that effect to which we are in completely agree. Counsel for opposite parties submitted that notices sent to learned Arbitrator cannot be produced by opposite parties as Arbitrator is independent authority and opposite parties are not appearing for Arbitrator.

            Since the section 17 order under Arbitration and Conciliation Act, 1996 has already passed prior to filing of consumer complaint, the consumer complaint is not maintainable. The complainant is free to challenge the award of learned Arbitrator before appropriate authority.